Landlord Sufficiently Described Apartment's Regulatory Status in Court Papers

April 26, 2018

LVT Number: #28367

Landlord sued to evict apartment occupant after rent-stabilized tenant moved out of the apartment. Occupant asked the court to dismiss the case, claiming that landlord's court petition was defective because landlord didn't properly identify the apartment's regulatory status. The court ruled against occupant. Landlord identified the apartment as rent stabilized in the court papers. Landlord didn't state that tenant's rent was part of a federally subsidized program under a regulatory agreement.

Landlord sued to evict apartment occupant after rent-stabilized tenant moved out of the apartment. Occupant asked the court to dismiss the case, claiming that landlord's court petition was defective because landlord didn't properly identify the apartment's regulatory status. The court ruled against occupant. Landlord identified the apartment as rent stabilized in the court papers. Landlord didn't state that tenant's rent was part of a federally subsidized program under a regulatory agreement. But this didn't affect occupant and it didn't harm tenant that landlord didn't include any reference to that agreement in its court petition.

OLR ECW LP v. Myers: Index No. 42032/17, NYLJ No. 1520998812 (Civ. Ct. Bronx; 2/26/18; Lutwak, J)

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